Distance Sale Agreement
DISTANCE SALES AGREEMENT
Seller: Natural or legal person who offers goods or services to consumers for commercial or professional purposes, including public legal entities, or acts on behalf of or for the account of the offeror.
Consumer, Buyer: Natural or legal person who acts for purposes unrelated to commercial or professional activities.
Goods/Product: Subject of the purchase; movable property, residential or immovable properties for holiday purposes, as well as non-material goods such as software prepared for use in electronic environments, sound, image, and similar goods.
Service: Subject to any consumer transaction made or committed to be made in exchange for a fee or benefit, excluding the provision of goods.
Distance Contract: Contracts established using remote communication tools, including but not limited to, the period from the creation of the contract between the parties within a system created for the remote marketing of goods or services by the Seller and the consumer without simultaneous physical presence, including the use of remote communication tools before and at the time of the establishment of the contract.
Permanent Data Storage: Any means or environment such as short message, electronic mail, internet, disk, CD, DVD, memory card, or similar that allows the information sent or received by the consumer to be recorded in a way that allows it to be examined for a reasonable period appropriate to the purpose of the information, copied without being altered, and allows access to the information.
2. SUBJECT AND PARTIES OF THE AGREEMENT
2.1 This agreement determines the rights, obligations, and liabilities of the parties by the Law on Consumer Protection and the Regulation on Distance Contracts regarding the sale of products and services ordered by the BUYER, whose detailed information is available below, via the website www.kraftleder.com (hereinafter referred to as the "WEBSITE") operated by the SELLER. In cases where the agreement does not contain provisions, the provisions of the relevant legislation shall apply.
2.2 The Buyer declares that they are knowledgeable about all preliminary information related to the main qualities of the goods or services subject to the sale, sales price, payment method, delivery conditions, and all relevant information regarding the goods or services, as well as the right of withdrawal, which they confirmed electronically before placing the order for the goods or services under this agreement. The preliminary information form on the payment page of the website and the invoice are integral parts of this agreement.
2.3 Seller Information
Title: Kraft Leder
Address: Esatpaşa Mah. Pehlivan Yaşar Doğu Sk. A Blok, No: 1 -15A, Inner Door No: 33 Ataşehir / Istanbul
Phone Number: +905414787256
MERSIS Number: [-5-]
2.4 Buyer Information
Phone Number: [-8-]
Email Address: [-9-]
3. SUBJECT OF THE AGREEMENT ON PRODUCTS AND SERVICES
Product/Service Details: [-11-]
Quantity of Product/Service: [-12-]
Total VAT: [-13-]
Product Delivery/Shipping Cost: [-14-]
Total Amount Including VAT: [-15-]
4.1 In service sales via the website, the service is instantly performed and delivered according to the nature of the service. In such a case, the invoice is sent to the buyer via the permanent data storage medium.
4.2 In product sales via the website, the product shall be delivered to the delivery address specified by the buyer on the website or to the person/organization directed by the buyer, along with the invoice, within a maximum of 30 days. The seller bears the delivery costs. In case of failure to fulfill this obligation, the buyer may terminate the contract. In the event of termination of the contract, the seller shall refund all payments received within 14 days from the date of receipt of the termination notice.
4.3 If the performance of the obligation of delivering the ordered goods or services becomes impossible, the seller shall notify the buyer via the permanent data storage medium within three days from the date of learning about this situation and shall refund all payments received, including any delivery costs, within a maximum of fourteen days from the date of notification.
4.4 The buyer is responsible for inspecting the product upon delivery and, in the event of any issues arising from the delivery, refusing to accept the product and drawing up a report with the shipping company representative. Otherwise, the seller will not accept any responsibility.
5. PAYMENT METHOD
Name/Surname/Title of Recipient: [-17-]
Phone Number of Recipient: [-18-]
Delivery Address: [-19-]
Billing Address: [-20-]
6. GENERAL PROVISIONS
6.1 The buyer acknowledges that they have read and are informed about the main characteristics of the products and services displayed on the website, as well as the sales price, payment method, and delivery details and that they have given the necessary approvals electronically.
6.2 The seller is responsible for delivering the contract subject product in compliance with the specified qualities in the order and providing any warranty certificates and user manuals if available.
6.3 In case the product or service subject to the contract does not comply with the features it should have had on the website, the buyer may exercise their rights, including but not limited to revoking the contract by declaring their willingness to return the product, requesting a discount corresponding to the defect, requesting free repair of the product without incurring excessive expenses if applicable, or requesting replacement with a defect-free product of the same kind if possible. If one of the options of free repair or replacement with a defect-free product is chosen, the seller must fulfill this request within a maximum of 30 working days from the date of request. In cases where the buyer chooses to revoke the contract or demand a discount corresponding to the defect, the full amount paid or the discounted amount shall be refunded immediately. The responsibility for defective products persists for two years from the delivery date to the buyer, even if the defect appears later. In cases where the buyer was aware of or should have been aware of the defect at the time the contract was concluded, there will be no breach of contract. The aforementioned optional rights of the buyer apply to defects other than these.
6.4 If, for any reason, the price of the product/service is not paid or is canceled in bank records by the buyer, the seller will not be obliged to deliver the product/service.
7. RIGHT OF WITHDRAWAL
7.1 The buyer has the right to withdraw from the contract regarding the sale of goods/products without specifying any reason and without incurring any penalty within 14 days. The right of withdrawal cannot be exercised for services provided instantly in electronic environments or for non-material goods delivered instantly to the buyer.
7.2 The withdrawal period for services begins on the day the contract is concluded for service contracts and on the day the buyer or a third party designated by the buyer receives the goods for product contracts. The buyer can also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.
7.3 For determining the withdrawal period: for single orders with separately delivered items, the day the buyer or a third party designated by the buyer receives the last item; for products consisting of multiple parts, the day the buyer or a third party designated by the buyer receives the last part; for contracts involving the regular delivery of goods for a certain period, the day the buyer or a third party designated by the buyer receives the first item is taken as the basis.
7.4 To exercise the right of withdrawal, it is necessary to notify the seller via the permanent data storage medium before the expiration of the withdrawal period. You can exercise your relevant right on our website www.kraftleder.com, via the telephone number +905414787256, or via the email firstname.lastname@example.org.
7.5 Upon receiving notice from the buyer regarding the exercise of the right of withdrawal, the seller will refund all payments received, including delivery costs, within 14 days from the date the notice of withdrawal is received. The seller will make all refunds to the payment method used by the buyer during the purchase without imposing any expenses or obligations on the buyer.
7.6 The buyer must return the product to the seller within 10 days from the date they notified the seller of exercising the right of withdrawal.
7.7 The buyer cannot exercise the right of withdrawal in the following contracts:
a) Contracts related to goods or services whose prices fluctuate due to financial market fluctuations and are not under the control of the seller.
b) Contracts related to custom-made goods prepared in line with the buyer's requests or personal needs.
c) Contracts related to the delivery of perishable or expired goods.
d) Contracts related to the delivery of goods that, after delivery, have been opened and cannot be returned due to health and hygiene reasons.
e) Contracts related to goods that have been mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts related to books, digital content, and computer consumables presented in a tangible environment if their protective elements such as packaging, tapes, seals, or packages have been opened after delivery.
g) Contracts related to the delivery of periodicals such as newspapers and magazines, excluding those provided under subscription agreements.
h) Contracts related to the utilization of leisure time such as accommodation, moving goods, car rental, food and beverage supply, entertainment, or relaxation purposes, which must be performed on a specific date or period.
i) Contracts related to instantly provided services in electronic environments or non-material goods delivered instantly to the buyer.
j) Contracts related to services that have started with the buyer's consent before the end of the withdrawal period.
8. FORCE MAJEURE
8.1 Unforeseen, beyond the control of the parties, and arising outside the obligations and liabilities undertaken by the parties due to natural disasters, war, terrorism, uprising, changes in regulations, seizure, strikes, lockouts, significant breakdowns in production and communication facilities, etc., shall be considered as force majeure. The party experiencing force majeure shall inform the other party of the situation as soon as possible.
8.2 No liability shall arise for the inability of the parties to fulfill their obligations due to the continuation of force majeure. If the force majeure situation persists for a period of 30 days, each party shall have the unilateral right to terminate the agreement.
9. EVIDENCE AGREEMENT
9.1 The seller's records (including records in magnetic media such as computers, sound recordings, etc.) shall constitute conclusive evidence in resolving any disputes arising from this agreement.
10. COMPETENT COURT IN CASE OF DISPUTE
10.1 Consumer Arbitration Committees announced by the Ministry of Customs and Trade are competent for values declared by the Consumer Arbitration Committees, and Consumer Courts and Enforcement Offices at the residence of the buyer and seller are competent for values exceeding that limit.
11. ACCEPTANCE STATEMENT
11.1 The buyer acknowledges that they have read all conditions and explanations written in the Internet Site and the Preliminary Information Form, which constitutes an integral part of this Agreement, and that they are informed about the basic features and qualities of the products/services for sale, sales price, payment method, delivery conditions, and all other relevant matters concerning the seller and the products/services for sale, which they have seen entirely in the electronic environment on the website, that they have read and accepted the content, and by giving electronic approval and consent in this regard, they acknowledge and declare that they have accepted the provisions of this Agreement by ordering the products/services.
12.1 This Agreement has been concluded and entered into force by the parties' electronic approval and positive action to make the payment after being read and approved in the electronic environment by the buyer.